HELP - Secondary School Admissions Appeal - SEN

[Nna2004]

We have applied for secondary schools for DS1 ( Who has an EHC Plan) and been offered our third choice. Does anyone know the appeal process for SEN as having called the school I have been informed that the appeal process is different for this kind of case and I am not getting any joy from our LA SEN Advisers - we are totally in limbo as EHCP is not completed yet - we have pleaded for them to name our preference in the EHCP but they are digging their heels in.

Our concerns are;

What is the implication of them sending us a final draft EHCP with no named school? This is what we have been threatened with.

Should we take the third choice while going through the appeal- and If we do and the third choice is named - can this be amended should our appeal be successful.

Do we have any leg to stand on as they named one of our choices?

Anxiously waiting for response.

Thank you.

I agree, do what Megatherium says, contact SOSSEN as soon as possible, they are fobbing you off here. If you don't have the finalised EHCP then you can't appeal, there is often a several month wait for an appeal hearing so time really is of the essence now.

I've just seen this article about a parent who did eventually go the ombudsman route and had help from SOSSEN.

www.specialneedsjungle.com/how-does-a-parent-hold-their-council-to-account-for-send-failures/

Thank you for the information. I am in touch with SENDASS who has advised that we request an Ed Psych assessment through school. We have now emailed the school requesting this.

Does anyone know how long this takes if the school sends a request straight away? Who pays for this assessment please?

Did you later get your named school?

Me? Yes, I did. They issued a final statement with our catchment secondary school named, I appealed and got it changed to an independent special school. However I lodged my appeal in January and it took till July for it to be all sorted out, this is why you need the finalised EHCP ASAP. It is not good enough to get an EP assessment done via school, it is the LA responsibility to have assessments made on transition from statement to EHCP unless you specifically agree that they are not needed. Please call SOSSEN, they will help you.

At the meeting we had with the LA, we were not asked if he should have an EP assessment - as we had never been asked before, we just assumed that it will be taking place.

If only I had known what I know now, things will not be in such a mess.

Apparently, amended draft EHC plan has now been circulated to the named school and we have not seen this amended draft plan

SENDIASS advisers are very variable, and I'm afraid it sounds like the one you're dealing with isn't very clued up.

If you're going through the EHCP process, it isn't the school that arranges and EP assessment, it's the LA. And they should have done it long ago, as part of the process of converting from a statement to the EHCP. They should also have completed the EHCP by 15th February, to make sure that you have time for an appeal to go through if you disagree with any of it. It very much sounds as if you do need to disagree with it if the LA hasn't done any assessments.

Whilst it is obviously desirable for the LA to get an EP assessment, I would be really, really concerned if that means that it's another 6 weeks or more before the EHCP is finalised. Your child is entitled to know what school he is going to, and you won't be able to get an appeal through unless they issue the final EHCP quickly.

OP, I strongly suggest that you contact the LA and ask for a copy of the current version of the EHCP, and contact SOS SEN for their advice on that. Also tell the LA that you're aware that by law they should have completed the EHCP a month ago and that they have a duty to name your first choice mainstream school. The only exception to that is where admitting your child will prejudice the efficient education of other children and there are no reasonable steps anyone can take to overcome that - which sounds highly unlikely if they're thinking of naming a different mainstream school. Tell them you have also become aware that they should have got an EP assessment and you want this to be done, but you don't want it to delay finalising the EHC Plan - therefore you want them to finalise the EHCP now (or maybe by next week) otherwise you will have to go for judicial review. Tell them you also want confirmation that they will arrange an EP assessment ASAP, and that they will instruct the EP to advise in relation to the detailed and specific provision they are supposed to put in section F, and will amend the Plan thereafter to incorporate that advice. If you think any other up to date advice is needed - e.g. speech and language advice - the same applies.

With any luck, once they realise you know your legal rights they will stop messing around and sort things out, but if it doesn't work, do go to SOS SEN.

Megatherium has the right plan - I would strongly support that course of action. Your LA are clearly not doing what they should be but should also back down very quickly if you push them on this as they will know they are in the wrong. Finalise ASAP and then appeal anything that isn't acceptable. You never know, they may just back down and get on with it knowing that you are now aware of what they should be doing!

They are just hoping you will shut up and go away, don't let them get away with it. Once they see you are getting proper advice and understand your rights they will take you more seriously. Good luck, you can do this.

Thank you all. We are now meeting with the LA next week to agree provisions. School said that EP should be in to see DS1 maybe Tuesday/ Wednesday. From the email we received from the LA regarding the agenda - we have been told that the meeting is not about naming a school but agreeing the provision.

Can anyone advise what kind of questions to ask and what points for naming out first choice school?
The school at the moment have children with similar needs who are making progress. School also has a resource base which may benefit DS1 if he needs additional support.

Thank you

Hello All,
Can anyone please advise on the application process for a SEN child to mainstream school? It has come to light that the LA made a botch job of my DS1's application as they applied for a mainstream school place instead of a resource base place. What does this mean?

I will appreciate explanations please. Thank you

What should happen is that the LA sends the proposed school or schools a copy of the EHC Plan and reports (or the draft plan if it hasn't been finalised) and consults them about whether they have a vacancy and can meet the child's needs. They have 15 days in which to reply. If they say yes, the LA puts their name in the EHCP and finalises it. If they say no, the LA has to make a decision about whether to go ahead and name them in the EHCP anyway, or to discuss with them their concerns to see if they can be overcome (e.g. by more funding), or to give up on them and look elsewhere.

In your case, if the LA applied for the wrong type of place, presumably they need to go back again and consult about a resource base place.

Thank you Megatherium . We have a meeting midweek. Will see what they have to say. Is it the same in your area? I mean the application process?